Jagdish Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19251 of 2022 Arising Out of PS. Case No.-248 Year-2018 Thana- BAIKUNTHPUR District- Gopalganj ====================================================== JAGDISH MAHTO Son of Jagarnath Mahto Resident of Village- Bakhari, P.S.- Baikunthpur, District- Gopalganj.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ramchandra Sahni, Advocate For the Informant :

Mr. Irshad Ahmad Khan, Advocate For the State :

Mr. Mritunjay Kumar Nirala, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 20-04-2022 Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P. for the State. Let the defect(s), if any, be removed within a period of four weeks after complete start of the physical Court. The petitioner seeks bail in a case registered for the offence punishable under Section 302/34 of the Indian Penal Code.

The present bail application has been filed in terms of the liberty granted by order dated 14.12.2021 in Cr. Misc. No. 43830 of 2021 whereby the bail of the petitioner was refused but the petitioner was granted liberty to renew his prayer for bail in the event if the trial is not concluded by 04.03.2022 as only the Doctor was left to be examined.

Learned counsel for the petitioner submits that till

Patna High Court CR. MISC. No.19251 of 2022(2) dt.20-04-2022 2/2 date the Doctor has not been examined, as such, he has filed the present bail application.

Learned A.P.P. for the State submits that Annexure-3 to the bail application records order till 09.03.2022 but whether the Doctor has been examined thereafter or not is not clear. Learned counsel for the informant very fairly submits that till date the Doctor has not been examined. Considering the fact that the petitioner is in custody 25.09.2018, is a person with clean antecedent and despite endeavours made by the learned court below the official witness i.e. the Doctor till date has not been examined, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Baikunthpur P.S. Case No. 248 of 2018.

(Satyavrat Verma, J) Kundan/- U T